One of the key tenements of estate planning is making your wishes known about who you want to raise your children if something were to happen to you as a parent. No one wants to think about a morbid situation like this. But your decision can be the key difference between choosing who you want to raise your children and allowing family fights over their custody. Worse yet, your children could end up with strangers or in the hands of a relative you wouldn’t want to raise them.
In California, if a guardianship is needed for minor children in the event their parents are deceased or incapacitated, the Probate Court is charged with confirming any guardians of your children. In other states, guardians you name in your estate planning documents have to be honored. But that is not the case in California. However, you will likely increase the chances of your wishes being honored if you clearly document your preferences and who you desire to name as guardians. Many courts will likely take your choices into consideration.
If you fail to nominate guardians for your children, anyone may petition the court to become their guardian. Many people may look good on paper. And the court may decide they are fit guardians. But they may not be the ones you want to leave your children with. Make your wishes known ahead of time.
